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Home My WebLink About1678 Memorandum of Understanding with the Park Hill School District BILL NO. 2019-041 ORDINANCE NO. AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE PARK HILL SCHOOL DISTRICT BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: SECTION 1 — AGREEMENT APPROVED. That the Riverside Board of Aldermen hereby approves the Memorandum of Understanding with the Park Hill School District, attached hereto in its substantial form, relating to the use of City facilities for the Professional Studies Course, and the Board further authorizes the Mayor to sign on behalf of the City. SECTION 2 — AUTHORITY GRANTED. The Mayor, the City Administrator, Police Chief and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized. SECTION 3 — EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and approval. BE IT REMEMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Riverside this,,Iday of August 2019. iyor Kathleen L. Rose RoL?,ri:I incaia;City Clerk Professional Studies Course Memorandum of Understanding This Memorandum of Understanding ("MOU") is being executed between the City of Riverside, Missouri ("City") and the Park Hill School District("PHSD") for the use of the City's facilities in connection with the Professional Studies course. The organizations agree to abide by the terms and provisions of this MOU. This MOU shall be effective for the 2019-2020 school year. Participating organizations can terminate their agreement by providing a thirty-day written notice to the other organization. PURPOSE AND MISSION This MOU will clarify roles for each of the parties regarding their Professional Studies course partnership for the 2019-2020 school year. GENERAL AGREEMENT During the 2019-2020 school year, PHSD plans to partner with the City using its facilities (Riverside Police Department training room and the Alderman Board Room) as a Park Hill Professional Studies classroom. Park Hill Professional Studies will use these two locations on the following dates: • First Semester: Monday through Friday from 12:30-3:00pm during the dates of August 14 - September 13, 2019 and then every Wednesday from 12:30-3:00pm during the dates of September 16 —December 18, 2019. • Second Semester: Monday through Friday from 12:30-3:00pm during the dates of January 6 - February 7, 2020 and then every Wednesday from 12:30-3:00pm during the dates of February 10 - May 20, 2020. The City will provide: • Facility space for the above dates where Professional Studies courses can take place. • Parking for students attending Professional Studies courses. • Wi-Fi access for Park Hill Professional Studies Instructors. PHSD will provide: • Staff members to supervise the Professional Studies courses. • A Park Hill Professional Studies contact for purposes of communication(Dr. Stephanie L. Amaya, 816-674-8621, amgyasgparkhill.kl2.mo.us). • Communication to Park Hill students and parent(s)/guardian(s) of the use of the City facilities as the off site location for the following Professional Studies course: Aspiring Professionals, Fall 2019 & Spring 2020 sessions. ® Regular communication and collaboration with City as needed. TERMS AND CONDITIONS 1. General Understanding A. PHSD and City are independent entities,and neither shall have,nor exercise,any control over the means, manner or method by which the other performs its obligations under this MOU. Nothing in this MOU is intended or shall be construed to create an agency relationship,employment relationship or joint venture between the parties. Furthermore, neither party intends forthis MOU to alter in any way their respective rights or their legal obligations to one another, the Students, Parents, Teachers or Administrators working with City, or to any third party. B. The services being offered by the City to PHSD under this MOU shall be provided free of charge. Except to the extent otherwise provided herein, each party shall only be responsible for its own costs and expenditures associated with participating in this MOU. Should a mutual cost or expenditure arise, parties shall cooperate on determining the most appropriate division of such costs. Agreement will be reached prior to committing funds. C. Neither party, while carrying out its duties pursuant to this MOU, shall unlawfully discriminate against any individual on the basis of race, religion, sex, creed, national origin or physical/mental handicap. D. Each party shall comply with all Federal and/or State rules, laws, and regulations applicable to the performance ofthis MOU. E. Nothing herein shall be construed as a waiver of sovereign or governmental immunity, by whatever name as set forth in RSMo Section 537.600 et seq. Any insurance purchased by either party is not intended to act as awaiver of any available defense. 2. Mutual Obligations A. Each party to this MOU shall provide the other party with timely written notice of any claims arising under or related to this MOU, and the opportunity to participate in the defense of such claims. B. In the event it should become impossible for either party to perform its obligations under this MOU at any time or times because of Acts of God, government restriction, unavailability required resources, fire, riot, war, civil commotion, or any similar conditions, the party shall be excused from performance; provided that such nonperformance is not due solely to the party's own fault or negligence. C. Each party shall procure and maintain commercial general liability insurance, or similar coverage through a risk management pool, with limits of liability not less than $1,000,000 per occurrence and $3,000,000 in the aggregate, and provide to the other party a certificate evidencing such coverage upon request. 3. Term This Memorandum of Understanding shall be effective during the 2019-2020 school year, unless terminated earlier by either party by providing a thirty-day written notice to the other party. 4. Notices Any notices required by this MOU shall be in writing and delivered to the persons listed below To District: Park Hill School District Attn: Stephanie Amaya 7703 NW Barry Road Kansas City, MO 64135 To City: City of Riverside Attn: City Administrator 2950 NW Vivion Road Riverside, Missouri 5. Miscellaneous A. Non-Assignment. Neither party to this MOU shall have the right to assign or transfer its rights and obligations to any third party without prior approval ofthe other party. B. Severability. If any term or provision of this MOU is held to be invalid for any reason, the invalidity of that section shall not affect the validity of any other section of the MOU. The remainder of the provisions of this MOU shall remain in full force and effect and shall in no way be affected,impaired or invalidated. C. Governing Law. This MOU shall be governed by and construed in accordance with the laws of the State of Missouri. Venue of any litigation arising out of this MOU shall be in the courts of Platte County,Missouri. D. Sovereign Immunity. The District and the City preserve all Immunities recognized at law. Nothing herein shall be construed for either party as a waiver of Sovereign Immunity or Governmental Immunity by whatever name as set forth in §537.600 RSMo, et seq. E. Binding Effect. This MOU shall inure to the benefit of,and shall be binding upon, City and District. F. Entire MOU. This MOU constitutes the entire understanding between the parties hereto regarding the subject matter ofthis MOU.This MOU may be modified, amended,altered or changed only upon the prior written ofboth parties to the MOU. G. Authority. The persons executing this MOU on behalf of the District and on behalf of City hereby represent and warrant that they are duly authorized to execute this MOU on behalf oftheir respective parties. In WITNESS WHEREOF,the parties have hereunto set their hands and seals on the_4 'day of 2019. PHSD: Ci J Dr. Jeff W.e4�, K leen L. Rose &Lf Mayor Attest: Robin Kincaid City Clerk